Industry, EPA Fight Over CWA Could Raise Bar On Policy Reversal Lawsuits

Industry groups challenging the Obama administration’s Clean Water Act (CWA) jurisdiction rule are clashing with EPA over novel procedural arguments that, depending on how federal courts respond, could set a high bar not only for lawsuits over the reach of the water law but a host of future policy reversals. In State of Georgia, et al., v. Wheeler, et al. , pending in the U.S. District Court for the Southern District of Georgia, an alliance of industry groups is suing...